N.Y. RCO Law § 40
This is the official text of N.Y. RCO Law § 40, part of New York’s RCO Law — part of the compiled statutory law of New York, published by the state as "RCO Law." Browse the sections below, each linked to its official government source.
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Meeting for incorporation
Official statutory text
§ 40. Meeting for incorporation. Notice of a meeting for the purpose\nof incorporating an unincorporated Protestant Episcopal parish or\ncongregation, and of electing the first churchwardens and vestrymen\nthereof, shall specify the object, time and place of such meeting, and\nshall be made public for at least two weeks prior to such meeting,\neither by open reading of such notice in time of divine service, at the\nusual place of worship of such parish or congregation, or by posting the\nsame conspiciously on the outer door of such place of worship. Only\npersons of full age who have been regular attendants at the worship of\nsuch parish or congregation and contributors to the support thereof for\none year next prior to such meeting, or since the establishment of such\nparish or congregation, shall be qualified to vote at such meeting. The\npresence of at least six persons qualified to vote thereat shall be\nnecessary to constitute a quorum of such meeting. The action of the\nmeeting upon any matter or question shall be decided by a majority of\nthe qualified voters voting thereon, a quorum being present. The\nofficiating minister, or if there be none, or he shall be necessarily\nabsent, any other person qualified to vote at the meeting, who is called\nto the chair, shall preside thereat. Such presiding officer shall\nreceive the votes, be the judge of the qualifications of voters, and\ndeclare the result of the votes cast at such meeting. The polls of the\nmeeting shall remain open for one hour or longer, in the discretion of\nthe presiding officer, or if required by a vote of the majority of the\nvoters present. The meeting shall decide whether such unincorporated\nparish or congregation shall become incorporated. If such decision be in\nfavor of incorporation, such meeting shall decide upon the name of the\nproposed corporation; what day, either a Sunday or a secular day, shall\nbe the date of the regular annual election; whether the vestrymen\nthereof shall be three, six, nine, twelve, fifteen, eighteen, twenty-one\nor twenty-four; and shall elect by ballot from the persons qualified to\nbe voters thereat, who have been baptized, one-third of the number of\nvestrymen so decided upon to hold office until the first annual election\nto be held thereafter, one-third of such number, to hold office until\none year after such annual election, and one-third of such number to\nhold office until two years after such annual election; and shall elect\nfrom such qualified voters who are communicants in the Protestant\nEpiscopal church, two persons to be churchwardens thereof, one to hold\noffice until such annual election, and one to hold office until one year\nafter such annual election.\n
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